May 24, 2013

Iowa House & Senate vote to put farmers’ liability fears “to bed”

Legislators have approved a bill to try to ease concerns Iowa farmers have been raising after a February Iowa Supreme Court ruling allowed a woman injured during a farm tour to pursue her lawsuit against the farm tour’s host.

Representative Julian Garrett, a Republican from Indianola, said he’s followed the issue closely because he’s a property owner, a Farm Bureau member and a lawyer.

“I’ve looked at this from several different points of view and it does appear to me that we’ve gone a long way toward fixing the uncertainty,” Garrett said.

A 1967 state law granted liability protection to private property owners who open their lands to “recreational purposes” – like hunting and fishing. The bill that cleared both the House and the Senate tonight would expand the liability protection for “educational activities” on private land — like farm tours. Representative Scott Ourth, a Democrat from Ackworth, said the bill should put farmers’ liability fears “to bed.”

“Republicans and Democrats, folks from all over the state, different walks of life, have come together to see to it that the people of the great state of Iowa have been served well, that their fears have been assuaged,” Ourth said.

Senator Ken Rozenboom, a Republican from Oskaloosa, is a farmer.

“I’m not who loses if we pass this, but I’m darned sure I know who wins,” Rozenboom said. “Iowa wins. Everyone wins.”

Senator Dan Zumbach, a Republican from Ryan, is also a farmer.

“Two days ago I got a request from the students at West Delaware Elementary if they could come out to the farm and do a farm tour and I haven’t answered them yet,” Zumbach said. “I can give ‘em an answer tomorrow.”

The bill first passed the House by a 97-0 vote, then the Senate approved it on a 48-0 vote. It now goes to the governor.

Farmer liability bill pending in House Government Oversight Committee

Kevin Koester

Kevin Koester

A newly drafted bill on the fast track in the Iowa House would provide new liability protection to Iowa farmers.

It’s in response to a February Iowa Supreme Court ruling that said a woman injured during a northeast Iowa farm tour had the right to sue the farm host.

Representative Kevin Koester, a Republican from Ankeny, says farmers are now reluctant to allow anyone on their property for any activity.

“Something should happen in the legislature this month on that so that we relieve the concern that many folks who hunt, fish and do other recreational purposes have access to private land without it being a liability headache for the landowner,” Koester says.

A state law passed in 1967 granted private property owners liability protection if they allowed recreational activities like hunting and fishing.

“There’s concern about whether or not it’s safe regarding the liability of allowing people to do what they’ve always done,” Koester says.

The bill will be considered in the House Government Oversight Committee next week and is the result of discussions among legislative leaders. Koester is co-chair of that committee.

A bid to address this farmer liability issue was rejected by Senate Democrats in late April. Senator Rob Hogg, a Democrat from Cedar Rapids who is a lawyer, told his colleagues not to “buy into the hysteria” about the recent Iowa Supreme Court ruling.

Iowa beef industry faces challenges to expand exports

Steve Rehder (right) learns about the popularity of U.S. beef skirt steaks in a Mexico City Costco store.

Steve Rehder (right) learns about the popularity of U.S. beef skirt steaks in a Mexico City Costco store.

The number of cows being raised for beef in Iowa is at its lowest level in 60 years, but producers are expecting to add to their herds as the drought eases.

Iowa beef producer Steve Rehder of Hawarden says Iowa should continue to pursue new markets despite the current situation.

Rehder represented the Iowa Beef Industry Council last month as part of an Iowa meat trade mission to Mexico, El Salvador, and Honduras. He says there are some big challenges for Iowa beef in the latter two countries.

“The biggest issue is the price of beef and we informed them, because of low numbers, that’ll be an issue for quite a while,” Rehder said.

“Our inventory of cattle is the lowest it’s been since 1952 and coincidentally, Mexico, El Salvador, and Honduras are enduring the same problem.”

The six-day trip in April marked the first time a representative of the Iowa Beef Industry Council has visited El Salvador and Honduras. Rehder noted the countries are already importing high quality beef for the people who can afford it.

“As far as increasing the market for the more poverty stricken people, that’s where we need the price of beef to come down a little bit so it can be more competitive,” Rehder said. “The infrastructure is there and I really believe…we have the opportunity to increase exports down to those countries.”

During the trade mission, the Iowa delegation toured processing plants and retail supermarkets. Rehder said many of the people he met are hoping to attend the World Beef Expo in Wisconsin in late September.

“I plan on being there and meeting up with a few of them again. Just making contact and having people from Iowa come down to see them…they were really impressed by that,” Rehder said. The Central American Free Trade Agreement allows U.S. Choice and Prime beef to enter both El Salvador and Honduras without a tariff, because it does not compete with their own grass-fed beef.

Senate passes bill for “mothballing” livestock barns (AUDIO)

Dan Zumbach

Dan Zumbach

The Iowa Senate has endorsed legislation that would let livestock producers downsize their operations, without having to tear down the barns.

Supporters like Senator Dan Zumbach say it will help older farmers who don’t want to raise as many cattle or pigs, but want to keep the vacant barns in case a young relative decides to get into the business later.

“This is really about helping young, small farmers,” said Zumbach, who farmers near Ryan, Iowa.

Critics say manure stored in vacant barns — and liquid manure stored in lagoons nearby — would pose an environmental hazard. If a livestock producer downsizes to the point where he or she can be rebranded as a small-scale livestock producer, they’ll no longer have to file “manure management plans” with the state.

Joe Seng

Joe Seng

Only six senators voted against the proposal and none of them spoke during today’s short debate of the legislation. Senator Joe Seng, a Democrat from Davenport, said he didn’t understand the opposition.

“I know manure seems like a bad word in Iowa anymore, but…that manure is very good fertilizer for our land,” Seng said. “It’s organic nitrogen rather than processed nitrogen.”

Seng sang the praises of manure, reminiscing about his mother’s tomato patch.

“I was only about five years old and we had the best tomatoes that year and she put chicken manure on those tomatoes,” Seng said. “From then on, she always was trying to find chicken manure.”

Senator Dennis Black, a Democrat from Grinnell, called the bill  a “common sense” proposal for the nation’s number one pork producing state.

“The best approach is rather than take the defecation, the residue from these animals, spread it at a time that conceivable with heavy rains in the spring could move it to the creeks, the rivers…to allow it to be stored,” Black said.

The House had already approved of the move to do away the current requirement that livestock producers tear down the barns if they downsize, but Senators made a small change in the legislation, so that change must be reviewed and approved by the House before the bill goes to the governor.

Iowa Citizens for Community Improvement has lobbied against the bill, calling it “lipstick on a factory farm pig.”

AUDIO of Senate debate of HF 512 runs 10:00.

Senate votes against new liability protections for farmers

A bid to respond to a February ruling by the Iowa Supreme Court and give landowners new protection against liability lawsuits has failed in the Iowa Senate.

A 1967 Iowa law grants liability protection to private property owners who allow recreation, like hunting and fishing, on their property. The Iowa Supreme Court ruled in February that liability protection does not extend to a farmer who was giving a farm tour to kids from Oelwein when one of the chaperones was injured by a fall out of the hay loft.

Senator Ken Rozenboom, a Republican from Oskaloosa, is a farmer.

“It isn’t much of a stretch to understand why landowners would be nervous with that decision,” Rozenboom said. “And the reason they’re nervous is because the trust has been breached.”

Senator Tim Kapucian, a Republican, farms near Keystone, Iowa.

“If we don’t do something to address this issue, life in Iowa will change,” Kapucian said. “Iowans will have less access to huntable ground, less access for mushroom hunting, deer hunting, pheasant hunting.”

Senator Rob Hogg of Cedar Rapids is a lawyer.

“Don’t buy into the hysteria about this decision,” Hogg said.

According to Hogg, the kind of “absolute immunity” from lawsuits outlined in the proposal was “nonsense.”

“We do not have to immunize anything any farmer, any landowner anywhere in the state ever does,” Hogg said.

The Senate voted 26 to 21 against providing new legal liability protection for landowners. The vote came during debate of a bill that addresses a wide range of spending and policy issues. Legislative leaders have the authority to introduce bills at any time and they are discussing how to craft a more scaled-back response to the controversial Iowa Supreme Court ruling.

Northey says his decision on U.S. Senate race to come in “days”

State Ag Secretary Bill Northey says he is “getting close” to a decision about his political future and it could be “just days” until he decides whether he’ll run for the U.S. Senate.

Republican Lieutenant Governor Kim Reynolds announced on Tuesday that she has decided against a bid for the senate seat now held by Democrat Tom Harkin. Northey says it’s come down to “family and personal issues” rather than political considerations for him.

“I really believe that politically it could be done,” Northey told Radio Iowa. “I believe it could work for me and lots of other people. I certainly believe it could have worked for Kim and I know it could work as well for the congressman.”

Republican Congressman Steve King told KSCJ Radio on Tuesday morning that he is “still on the bubble” about a run for the senate. Northey said late Tuesday afternoon that he “loves” his current role as the state’s top agricultural officer, but running for the senate is a “tremendous opportunity.”

“I certainly get the sense that there’s support to be able to run,” Northey said. “I think there’s going to be no problem with anybody, at the end of this race, with name I.D., you know, after all the money that’s going to be spent on this.”

One consideration for Northey is his farming operation. He still works the ground on his farm near Spirit Lake, land that’s been in the family since the 1930s and Northey says it wouldn’t be easy to walk away from that.

“I do have other family there that can farm it, that I could rent to,” Northey said, “but it wouldn’t be the same as me being able to get out and farm myself.”

Northey said he is approaching this decision with his “eyes wide open” and full knowledge of the time committment that’s required.

“You know the race, the next 18 months, is going to be very intense,” Northey said.

Northey is 53 years old. He was elected state ag secretary 10 years ago. His present term expires in 2014.

Democratic Congressman Bruce Braley announced in early February that he was running for the senate. He’s raised over a million dollars since then and this past weekend Senator Harkin said Braley had “emerged” as the Democrats’ nominee, with a clear path to his party’s senate nomination. Northey said if Congressman King runs, King will “clear the field” of all other Republicans, including Northey.

Branstad to meet with China’s president for fifth time

Iowa’s governor is scheduled to have another meeting with China’s new president.

Governor Terry Branstad and China President Xi Jinping have had five face-to-face meetings. The first came 28 years ago. Xi was a lower level Communist Party official visiting Iowa, in a delegation of people from Iowa’s Chinese sister state. This past Friday Branstad left for a four-day trade mission in China and he’s scheduled to see Xi today.

Branstad says the value of this long-standing relationship with the man who is now China’s president “cannot be overstated.” According to Branstad, “Iowa is the preferred provider to feed China’s growing population and our agriculture exports to China continue to grow.”

Branstad was on a trade mission to China in 2011 when he met Xi for the second time. By then, Xi was China’s vice president. During a visit with Branstad, Xi pulled out a copy of the itinerary of his 1985 trip. Branstad invited Xi back to Iowa. During a February, 2012 visit to the United States, Xi stopped in Muscatine to visit with the hosts of his 1985 trip and then he flew to Des Moines for an elaborate state dinner in the capitol. A few months later Branstad was back in China, for a reunion with Xi and the other Chinese members of that 1985 sister-state delegation.

The Republican governors of two other states are along on this latest trade mission to China, but Branstad’s staff did not indicate whether Wisconsin’s Scott Walker or Virginia’s Bob McDonnell will be in on the meeting with Xi.